Ruling on the one who says to his wife: "You are divorced with three divorces, a khul' divorce, with no right of revocation"
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz to the honorable brother, the virtuous Shaykh, the head of the courts of the Jizan region, may Allah grant him understanding in all good, amen.
Peace be upon you, and the mercy of Allah and His blessings:
After that, O beloved, your noble letter number (1132) dated 5/6/1393 AH has arrived, may Allah guide you. It contained the information that the husband, M. A. 'A., had a dispute with his wife and divorced her by saying: "You are divorced with three divorces, a khul' divorce, with no right of revocation," as in the attached paper. His wife and her guardian—who is her son—confirmed this for him, and both of them acknowledged that the phrase "three divorces" was said in one word, and that he had not divorced her before or after that, and that the divorce took place a month and fifteen days ago. Was this known?
Answer: Based on this, I issued a fatwa to the aforementioned husband that one divorce has taken effect on the aforementioned wife through the divorce mentioned, and he has the right to take her back as long as she is in the waiting period. If she has exited the waiting period, or if the aforementioned divorce was for compensation, she does not become lawful to him again except through a new marriage with its conditions considered valid by the Shari'ah, as is clear. It is authentically reported from the Prophet (peace and blessings be upon him) what indicates this, as is known. I hope you will complete the necessary procedures and inform everyone of the aforementioned fatwa, and order the husband to repent from his divorce, as it is a reprehensible divorce, as your virtue knows. May Allah reward you, thank you for your efforts, and reward you with good for all of it.
And peace be upon you and the mercy of Allah and His blessings.
Peace be upon you, and the mercy of Allah and His blessings:
After that, O beloved, your noble letter number (1132) dated 5/6/1393 AH has arrived, may Allah guide you. It contained the information that the husband, M. A. 'A., had a dispute with his wife and divorced her by saying: "You are divorced with three divorces, a khul' divorce, with no right of revocation," as in the attached paper. His wife and her guardian—who is her son—confirmed this for him, and both of them acknowledged that the phrase "three divorces" was said in one word, and that he had not divorced her before or after that, and that the divorce took place a month and fifteen days ago. Was this known?
Answer: Based on this, I issued a fatwa to the aforementioned husband that one divorce has taken effect on the aforementioned wife through the divorce mentioned, and he has the right to take her back as long as she is in the waiting period. If she has exited the waiting period, or if the aforementioned divorce was for compensation, she does not become lawful to him again except through a new marriage with its conditions considered valid by the Shari'ah, as is clear. It is authentically reported from the Prophet (peace and blessings be upon him) what indicates this, as is known. I hope you will complete the necessary procedures and inform everyone of the aforementioned fatwa, and order the husband to repent from his divorce, as it is a reprehensible divorce, as your virtue knows. May Allah reward you, thank you for your efforts, and reward you with good for all of it.
And peace be upon you and the mercy of Allah and His blessings.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.